Victorian Current Acts

APPEAL COSTS ACT 1998 - SECT 5

    (1)     Subject to subsection (2), a respondent granted an indemnity certificate under section 4 is entitled to be paid by the Board, on an application made to it by the respondent in the approved form—

        (a)     an amount equal to the appellant's costs (if any)—

              (i)     of the appeal in respect of which the indemnity certificate was granted; and

              (ii)     if the court makes an order for a new trial—of any new trial that is held as a consequence of that order; and

              (iii)     if the appeal in respect of which the indemnity certificate was granted is an appeal in a sequence of appeals—of any appeal or appeals in the sequence that preceded that appeal—

that the respondent has been ordered to pay and has actually paid; and

S. 5(1)(b) amended by No. 38/2017 s. 15.

        (b)     an amount equal to the respondent's own costs—

              (i)     of the appeal in respect of which the indemnity certificate was granted; and

              (ii)     if the court makes an order for a new trial—of any new trial that is held as a consequence of that order; and

              (iii)     if the appeal in respect of which the indemnity certificate was granted is an appeal in a sequence of appeals—of any appeal or appeals in the sequence that preceded that appeal—

that have not been ordered to be paid by any other party, as assessed by the Board on a standard basis, or as agreed to by the Board and the respondent; and

        (c)     if the costs referred to in paragraph (b) are assessed, an amount equal to the costs incurred by the respondent in connection with the assessment.

    (2)     The maximum amount payable to a respondent pursuant to an indemnity certificate granted under section 4 is $50 000 or any other amount that is prescribed.